Diane S. Scalise Statement - Board of Nursing - Florida Department ...

STATE OF FLORIDA
BOARD OF NURSING
RE: Petition for Declaratory Statement of:
'DIANE S. SCALISE, RN and
KATHLEEN KING, RN . .
FINAL ORDER
MAR 2 3 1995
F L0.R IDA STATE
BOARD OF N.URSINC
CASE NO. BON-DS-94-05
THIS MATTER came before the Board of Nursing pursuant to
Section 120.565, Florida Ltatutes, and Chapter 28-4, Florida
Administrative Code, on October 5, 1994, in ~lantation, Florida,
for the purpose of considering the Petition for Declaratory
Statement filed by Diane Scalise and Kathleen King.
The matter had been evaluated by the Nursing Practice
Committee at regularly scheduled meetings in June, August, and
October, 1994.
Having considered the petition, the supporting documentation
provided by Petitioners, the educational materials submitted at
the reqular Cornmitt.-.e meetings, and the testimony from
Petitioners, the Board makes the following findings and
conclusions.
FINDINGS OF FACT
1. Diane Scalise, RN, is a registered nurse in the state of
Florida. She is the coordinator of Health Education Services for
the School Board of Broward County, Florida. Kathleen King, RN,
is a registered nurse in the State of Florida. She is an
education consultant for the School Board of Broward County and a
critical care clinical nurse specialist.

2. Petitioners ask whether it is within the scope of
practice for specially trained licensed practical nurses within
the public school setting in Broward County to care for chronic
ventilator dependent patients who are to be "mainstreamed" into
the regular classrooms in the Broward County school system.
3. Federal law such as Public Law 94-142 mandate that
children with disabilities be identified and provided educational
services in the least restrictive environment. The School Board
of Broward County had placed two students who are ventilator
dependent into regular classrooms. Two to four more children are
candidates for immediate placement if adequate health care
services from licensed practical nurses are aveilable and legally
qualified. Approximately twenty students in Broward County are
home-bound but may be eligible for evaluation for placement in
the regular classroom under the federal mandate..
4. Petitioners as registered nurses recogniz-e that they are
responsible for the superl~ision of licensed practical nurses.
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A J , ~ registered nurse is responsible for the patient's health care
plan and must review and update such plan. However, to implement
the federal mandate, they ask whether specific licensed practical
nurses may provide direct care 'to the chronic, stable ventilator
dependent child who is placed in the classroom, while the
registered nurse remains available by telephone should the
student/patient8s condition warrant RN consultation/intervention.

5. Petitioners have surveyed, identified, researched,
evaluated, and otherwise helped develop, a comprehensive
ventilator course curriculum. They have also sought independent
review of their recommended courses to validate the
appropriateness and content of the model curriculum. The
development and progress .of these courses have been documented
and shared with the Board of Nursing over the past year to
ascertain theoretical and clinical hours can reasonably be
assumed to assure adequate preparation for licensed-practical
nurses to care for the ventilator dependent studentlpatient in a
safe and competent manner.
6. The registered nurses responsible for the Broward County
ventilator dependent students hope to supervise indirectly a
select few licensed practical nurses who have completed the
course work proposed. Only LPN's who have had a variety of
related work experiences prior to ventilator training would be
considered for, selected for, and ,111owed to complete training
and be assigned to individual patients.
7. Section 464.003(3)(b), Florida Statutes, in pertinent
part provides:
"Practice of practical nursing" means
the performance of selected acts,
including the administration of treat-
ments and medications, in the care of
the ill, injured, or inform and the
promotion of wellness, maintenance of
health, and prevention of illness of
others under the direction of a registered
nurse, a licensed physician, a licensed
osteopathic physician, a licensed
podiatrist, or a licensed dentist.

CONCLUSIONS OF LAW
1. The Board has jurisdiction over this matter pursuant to.
Section 120.565, Florida Statutes, and Chapter 28-4, Florida '-
Administrative Code.
2. The Petition filed by Ms. Scalise and Ms. King is in ..
substantial compliance with the provisions of Section 120.565,
~lorida' Statutes, and Rule 28-4.001, Florida Adm:.nistrative Code.
Petitioners have the requisite interest to maintain this
proceeding.
3. It is the opinion of the Board of Nursing that licensed
practical nurses'in the Broward County school system who have the
L.
appropriate training and education to perform direct patient care
of ventilator dependent patients in the so-called mainstream -
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classroom setting may do so without the necessity of direct L
registered nurse supervision.
4. Petitioners may appeal this Order 1;y filing one copy of,'a
Notice of Appeal with the Clerk of the board, and by filing a fee
and one copy of a Notice of Appeal to the District Court of
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Appeal within 30 days of the date this Order is filed. -.
DONE and ORDERED this day of -6 , 199%.
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BOARD OF NURSING
a~dy.a,ar..-:
. .. J..
BETTY TAYLOR,
CKAIRMAN
RN, MSN -
, I.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been sent by certified mail to Diane Scalise, RN,
Coordinator, Health Education Services, 600 SE Third Avenue, Ft.
Lauderdale, Florida 33301, and Kathleen King, RN, SHCI, 1500 SE
13th Street, Deerfield Beach, Florida 33441, this aAd day of